The U.S. House of Representatives April 10 voted 219-209 to pass a bill that would stop all National Labor Relations Board (NLRB) activity that requires a three-member quorum until the legal disputes involving the board are resolved.

If passed into law, the Preventing Greater Uncertainty in Labor-Management Relations Act (H.R. 1120) would restrict the NLRB until the U.S. Supreme Court weighs in on a Jan. 25 decision by an appeals court that found President Obama’s “recess” appointments of members to the board in early 2012 were unconstitutional, or until the U.S. Senate confirms a quorum.

Specifically, the bill would: 
  • prevent the NLRB from issuing more decisions;
  • cease any enforcement of existing decisions issued since Jan. 4, 2012, and ensure those decisions are reviewed and approved by a constitutionally valid NLRB panel as soon as one is seated;
  • preserve workers’ ability to petition for union elections; and
  • allow NLRB regional offices to continue accepting and processing unfair labor practice charges. 
Before the House voted, ABC sent a letter to all members offering its support for this legislation and pointing out that there is uncertainty surrounding NLRB’s authority related to recently decided, pending and future enforcement actions and adjudications.

“This uncertainty imposes real costs on employers and other parties involved in pending NLRB actions,” the letter said.